COMCOR 24.09.01 Smoking Prohibitions and Restrictions

In these regulations, terms defined in Section 24-9 of the County Code are applicable and not redefined; the following words and phrases have the following meanings:

Director - The Director of the Department of Health and Human Services or the Director’s designee.

Employee - Any person who regularly provides services to a business for compensation. Employee includes a temporary or part-time employee, contractor or consultant.

The exception stated in Section 24-9(c)(2) applies only to an individual’s personal vehicle.

A. Authority to Investigate

1. The Director may inspect or cause to be inspected during reasonable hours, any part of a public or private facility subject to the restrictions set forth by Section 24-9 in order to determine compliance with the designation and posting provisions of the law and regulations.

2. The Director may investigate, or cause to be investigated, any complaint against an individual violating these regulations or Section 24-9.

3. Except for rail transit stations, the Director may investigate, or cause to be investigated, any complaint involving any of the above facilities alleging that the owner or operator of the facility permits any individual to smoke or vape in areas posted as no smoking.

4. The Health Department will forward smoking complaints involving bus, pedestrian, and/or train facilities at rail transit stations to the agency responsible for facility operation. Complaints concerning facilities operated by the Washington Metropolitan Area Transit Authority (WMATA) will be forwarded to the Director General Manager of WMATA. Complaints concerning facilities operated by the Maryland Transit Administration (MTA) will be forwarded to the MTA Administrator.

B. Enforcement

1. County employees should report violations of Montgomery County Code (2014) Section 24-9 and this regulation in County government workplaces and public areas directly to their immediate supervisors. Employees should report continued violations to the Director. The Director will then forward these complaints, and any documented evidence, to the director of the department where the alleged violation occurred, with a copy to the Chief Administrative Officer. The director of the department must investigate the alleged violation and take necessary corrective action.

2. Private sector employees should report violations of Montgomery County Code (2014) Section 24-9 and this regulation to their employer or the person designated in the employer’s written workplace policy in order to resolve the complaint. Employers must attempt to resolve complaints at the workplace. In response to complaints, the Department of Health and Human Services will inspect the workplace for compliance with this section including examination of signage and the content, clarity, dissemination, and implementation of the smoking policy.

If a court holds that a portion of this regulation is invalid, the other portions remain in effect.

This regulation takes effect immediately after approval by the County Council.